Rajaratnam was convicted of 14 counts of insider trading [JURIST report] in May 2011 in the largest hedge fund insider trading case in US history. Several other defendants have pleaded guilty in connection with the case. Former hedge fund consultant Danielle Chiesi pleaded guilty [JURIST report] in January. Former IBM senior vice president Robert Moffat was sentenced to six months in prison in September and ordered him to pay a $50,000 fine for his role in the scheme after pleading guilty [JURIST reports] in March 2010. Former Intel Capital executive Rajiv Goel pleaded guilty [JURIST report] to insider trading charges in February 2010. Rajaratnam, Chiesi, Goel and Moffat were arrested in October 2009 and charged [complaint, PDF] along with two other individuals and two business entities with insider trading. The complaint alleged that the individuals provided Galleon Group and another hedge fund with material nonpublic information about several corporations upon which the funds traded, generating $25 million in illicit gain. Rajaratnam and Chiesi originally pleaded not guilty [JURIST report] in December 2009 after being indicted for insider trading.

Medical practitioners disagree about physician-assisted death. ... There are respected practitioners who would support legal change. ... They state that providing physician-assisted death in defined cases, with safeguards, would be consistent with their ethical views. ... The most commonly expressed reason for maintaining a distinction between currently accepted end-of-life practices and physician-assisted death is that any system of safeguards will not adequately protect the vulnerable. ... The evidence shows that risks exist, but they can be largely avoided through carefully designed, well-monitored safeguards.

The right to die [JURIST news archive] has been a contentious issue worldwide. Last month the Louisiana legislature passed a bill [JURIST report] strengthening the state's ban on euthanasia. Earlier in May Georgia Governor Nathan Deal [official website] signed [JURIST report] a piece of legislation banning assisted suicide in the state. In 2011 an India high court ruled passive euthanasia was permitted [JURIST report] under certain circumstances, but rejected a petition for a mercy killing. In 2010 a German court ruled that removing a patient from life support is not a criminal offense [JURIST report] if the patient had previously given consent. In 2009 the Italian president refused to sign a government decree [JURIST report] that would stop the euthanasia of comatose women because it would violate the separation of power overturning a previous court ruling.

The balance between life and one's personal independence has been difficult for the courts to assess. In March, the UK High Court justice allowed a right to die case [JURIST report] to proceed, the first to be allowed in British courts. Tony Nicklinson, a victim of a paralyzing stroke, challenged the UK's definition of murder to obtain medical assistance in committing suicide. He argued that the government was denying his right to private and family life because his decision was one of personal autonomy and dignity. In 2011, an India high court ruled passive euthanasia was permitted [JURIST report] under certain circumstances, but rejected a petition for a mercy killing. In 2010, Germany held [JURIST report] that removing a patient from life supporting was not a criminal offense if the terminal individual had previously given consent.

In February, Apple filed a suit [JURIST report] against Motorola in the US District Court for the Southern District of California [official website] seeking an injunction to stop the company from bringing patent claims against Apple in Germany. Apple had brought [JURIST report] two separate lawsuits against Motorola in October of last year alleging that several of Motorola's products infringe six patents owned by Apple.

Litigation of Doe's case would require testimony from top military officials as well as forces on the ground, which would detract focus, resources, and personnel from the mission in Iraq. ... Allowing such an action would hinder our troops from acting decisively in our nation's interest for fear of judicial review of every detention and interrogation.

Doe originally filed suit against Rumsfeld in the US District Court for the District of Columbia [official website] in 2008. The district court held that Doe could proceed with his lawsuit against Rumsfeld under the 1971 case Bivens v. Six Unknown Agents of Federal Bureau of Narcotics. The district court also held that Doe had the right to be free from detention and interrogation practices that "shock the conscience," and that Doe pleaded facts sufficient to support his claim that Rumsfeld violated that right.

Human Rights Watch [advocacy website] reported [JURIST report] Friday that Syrian forces are sexually abusing men, women and children who have been detained during the ongoing conflict. Syria has been unsuccessful in dealing with the unrest plaguing the country and has drawn international criticism. On Thursday, a Amnesty International [advocacy website] report revealed [JURIST report] that Syrian armed forces are continuing to engage in a pattern of abuses against and deliberate killings of civilians. Earlier this month, UN Assistant Secretary-General for Human Rights Ivan Simonovic had voiced his concern [JURIST report] that the violence in Syria amounts to crimes against humanity. He addressed the General Assembly on behalf of UN High Commissioner for Human Rights Navi Pillay [official website] to urge the international community to convince both the Syrian government and the armed forces to cease their violence and ongoing human rights violations. Syria has been attacked for its human rights violations especially in the wake of last month's Houla incident that killed more than 100 people, including women and children. Earlier this month, the UN Human Rights Council [official website] approved [JURIST report] in a 41-3 vote a resolution blaming "pro-regime elements" and government troops for the massacre in Houla. On the same day, the Syrian government released [JURIST report] more than 500 prisoners detained during pro-democracy demonstrations. The release of "arbitrarily detained persons" was a key point in the six-point plan which was supposed to begin on April 12 but has not yet been successfully executed despite a resolution approved [JURIST report] by the UN Security Council to send 300 unarmed soldiers and other civilian aid for 90 days to supervise the implementation of the plan. In May, a three-member Independent International Commission of Inquiry on Syria released a report claiming that the Syrian security forces are predominantly responsible for the violence in the country.

Respect for elders is an integral part of many societies. As people live longer, and as we strive for sustainable and inclusive development, it is time to revive and expand our appreciation for those who have advanced in years. A modern civilization can only live up to that name if it preserves the tradition of honouring, respecting and protecting society's elders.

The General Assembly had adopted several resolutions concerning the older population. In 2002, the Second World Assembly on Aging had adopted the Madrid International Plan of Action on Aging [text, PDF], 11 years after the General Assembly adopted the UN Principles for Older Persons [resolution 46/91, PDF]. In 1990, the Assembly had designated [resolution 45/106, PDF] October 1 as the International Day of Older Persons and acknowledged that the older population is a valuable asset to the society. It called on nations to cooperate with the UN in establishing measures to identify target groups.

The ordinance is content neutral because it makes no distinction as to viewpoint or subject matter and advances no particular position. Rather, on its face, the ordinance prohibits the expression of all private viewpoints and instead reserves government flag poles for government flags. No private entity may attach its flag to the City's flag poles. There is simply no question that the ordinance does not regulate expression on the basis of content. Absent some discriminatory effect, allegations regarding the City’s motivation in enacting the ordinance do not alter the court's analysis.

The question of reasonableness is no less certain. ... [A]llowing a city-owned flag pole to serve as a public forum could suggest the government has placed its imprimatur on private expression. The Constitution does not compel a municipality to provide its citizens a bully pulpit, but rather requires it to refrain from using its own position of authority to infringe free speech.

The Confederate flag has been a subject of controversy in recent years. In August 2008 the US Court of Appeals for the Sixth Circuit [official website] upheld [JURIST report] a Tennessee high school's ban on wearing the Confederate flag in a lawsuit brought by students who said the ban violated their freedom of speech, equal protection and due process rights under the US Constitution. In 2003 the US Court of Appeals for the Fourth Circuit [official website] upheld [JURIST report] the dismissal of a suit filed by a man who was fired for displaying Confederate flag stickers at work [NYT report].

RGGI offers a cost-effective, efficient way to reduce the pollution that contributes to climate change. I applaud the court for soundly rejecting this attempt—backed by out-of-state political interests—to stop New York from protecting its own citizens against the potentially devastating impacts of climate change. I will continue to use the full force of my office to vigorously defend sensible efforts that reduce climate change pollution and, thereby, protect the health and welfare of New Yorkers.

Greenhouse gas emissions and global warming [JURIST news archive] are controversial topics in the US. A federal judge ruled in October that the US Fish and Wildlife Service (FWS) is not obligated to reduce green house gas emissions [JURIST report] in order to protect polar bears. In September the Virginia Supreme Court ruled that the effects of global warming are not covered [JURIST report] by a standard liability insurance policy. Earlier last year the US Supreme Court ruled [JURIST report] in American Electric Power Co. v. Connecticut [Cornell LII backgrounder] that the Environmental Protection Agency and the Clean Air Act [text] displace claims made under the federal common law of nuisance regarding whether electric utilities contributed to global warming. All eight justices agreed in rejecting the claims by eight states, New York City and three private land trusts invoking the federal common law for public nuisance against four power companies and the Tennessee Valley Authority (TVA) [official website].

1. Immediately and unconditionally release all the aforementioned human rights defenders as GCHR believes that they have been detained solely as a result of their legitimate human rights work;
2. Drop all charges against all the aforementioned human rights defenders;
3. Take all necessary measures to guarantee the physical and psychological integrity and security of all the aforementioned human rights defenders, while they remain in detention;
4. Guarantee in all circumstances that all human rights defenders in Oman are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

Oman has had a mixed record on human rights in recent years. In June 2011 an Omani court sentenced 13 protesters to prison [JURIST report] for shutting down a government organization, blocking roads and assaulting government employees. UN High Commissioner for Human Rights Navi Pillay [official profile] applauded [JURIST report] the establishment of national human rights institutions [official website] in Oman in 2010, noting their "growing effectiveness" in promoting human rights. The 2010 Failed States Index [index; FP special report] released in 2010 declared Oman one of the most stable countries in the world [JURIST report]. Oman was also praised by the US [JURIST report] in 2009 for enacting legislation to improve labor conditions. Despite Oman's reputation for being a peaceful state, protesters were sentenced to 7-20 years in prison in 2005 [JURIST report].

The government does not have a reason to force bookkeeping, disclosure and reporting requirements on groups that only speak about political issues, even when those issues, like Obamacare, are associated with candidates. The government weaves a web of complex regulations that restricts politics to so-called professionals and shuts out individuals who just want to speak publically about political issues and those in power.

Controversy over US election laws continues to arise as the 2012 presidential elections draw near. The US Department of Justice (DOJ) announced on Tuesday that it has filed a lawsuit [JURIST report] against Florida seeking to halt the state's ongoing purging of voter rolls. Florida, in turn, has filed suit [JURIST report] against the US government seeking greater access to government data that will assist the state in the purging process. In April, the US Court of Appeals for the Ninth Circuit upheld [JURIST report] a portion of an Arizona voter registration law requiring voters to show identification at the polls, while striking down a provision that further required proof of citizenship to register to vote in federal elections. That ruling has been stayed [JURIST report] by the Supreme Court. A judge for the US District Court for the Northern District of Illinois in March struck down [JURIST report] two recently-enacted parts of the Illinois Election Code designed to cap campaign contributions.

Colombia has been facing armed conflict for decades without any sight of resolution. In December, the representative to Colombia for the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] Christian Salazar called [JURIST report] for a peaceful solution to the country's ongoing violence. In June of last year, Santos signed legislation to compensate victims of the country's armed conflict after the country's senate passed [JURIST reports] it a month earlier. International entities were also involved in the country's violence. The US Court of Appeals for the Eleventh Circuit [official website] revived a wrongful death lawsuit [JURIST report] brought against Drummond Company [corporate website] for hiring Colombian paramilitaries to assassinate plaintiffs' fathers. In 2010, victims of paramilitary violence filed suit against Chiquita Brand International [corporate website] in the US District Court for the Southern District of Florida [official website] for funding a right-wing paramilitary group in Colombia that was accused of mass killings during the Colombia guerrilla warfare movement before disarmament in 2003.

Our Nation's immigration laws must be enforced in a strong and sensible manner. They are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Indeed, many of these young people have already contributed to our country in significant ways. Prosecutorial discretion, which is used in so many other areas, is especially justified here.

Immigration [JURIST backgrounder] has been a contentious issue recently. On Tuesday the American Civil Liberties Union (ACLU) [advocacy website] called for the immediate release [JURIST report] of immigrants being held in detention units in a prison in Arizona, alleging that the prison conditions violate the US Constitution. Earlier this month a federal judge heard arguments [JURIST report] to determine whether Arizona citizens may join in a class action lawsuit challenging the state's controversial immigration law [SB 1070, PDF; JURIST news archive]. In May a federal judge ruled [JURIST report] that several Arizona residents have standing to challenge SB 1070. Earlier in May, the US Supreme Court [official website] ruled [JURIST report] that immigrant children cannot rely on their parents' immigration status.

The Ninth Circuit, sitting en banc, upheld [JURIST report] a portion of Arizona's law which requires voters to show identification at the polls, while striking down the provision now before the Supreme Court that further requires proof of citizenship to register to vote in federal elections. It was similar to the decision of a three-judge panel for the Ninth Circuit that was delivered [JURIST report] in October 2010 which struck down the portion of an Arizona law requiring proof of citizenship for voter registration. In 2006 the Supreme Court ruled [JURIST report] that Arizona can enforce the law requiring voters to show government-issued ID cards at the polls. It concluded that the law would not necessarily result in the turning away of qualified, registered voters by election officials for lack of proper identification. The Supreme Court has upheld similar laws in other states. In April 2008 the court let stand [JURIST report] Indiana's controversial voter identification statute requiring voters to present photo identification as a prerequisite to voting. It held that such requirement did not place an undue burden on voters and thus, did not violate the US Constitution.

This deplorable situation affecting our sister institution is wholly unacceptable—immunity of staff on official mission of an international court is of paramount importance to that court's ability to properly function. I stand ready to assist in any way that may be requested in order to help ensure the safe return of the detained ICC staff members.

The Australian Minister of Foreign Affairs reported that on Tuesday three officials from the ICC and the Australian ambassador to Libya were able to visit [JURIST report] and assess the condition of the four ICC staff members. A spokesperson for the ICC said earlier on Tuesday that the Libyan government had failed to explain [JURIST report] why the four ICC staff members were detained, and that their continued detention is a violation of international law. The issue of which court is going to try Saif al-Islam has been a point of contention between Libya and the ICC since he was captured [JURIST report] by Libyan rebel forces in November. Earlier this month, a pre-trial chamber of the ICC granted a request by the Libyan government to postpone an order to transfer Saif al-Islam to ICC custody, after the Libyan government formally challenged [JURIST reports] the right of the ICC to try Saif al-Islam last month. In April, ICC chief prosecutor Luis Moreno-Ocampo asked the ICC to report Libya to the UN Security Council [JURIST report] for failing to turn over Saif al-Islam. Libya expressly denied [JURIST report] the ICC's request for such action and stated that Saif al-Islam will face trial within the country.

The health care reform law deeply affects millions of Americans. There is a strong interest nationwide in the Court's opinion and any comments by a member of the Court that may accompany its announcement. Such access would allow the public to be informed of the Court's ruling in a timely manner. ... I respectfully request that the Court allow the American public the opportunity to learn contemporaneously or near-contemporaneously how it resolved one of the most significant issues to come before it in many years.

The health care law has been a subject of great controversy since its passage in March 2010. In May, a group of women in Washington filed suit [JURIST report] against the state's Attorney General, Rob McKenna, saying that McKenna's participation in a lawsuit against the PPACA is preventing women from having full access to medical care. In March the US Supreme Court heard oral arguments [JURIST report] in United States Department of Health and Human Services v. Florida [materials], the suit challenging the PPACA. In January 26 states submitted a brief [JURIST report] to the Supreme Court challenging the constitutionality of the expansion of Medicaid for the poor and disabled in the PPACA. Also in January the federal government filed a brief [JURIST report] before the US Supreme Court arguing that the minimum coverage provision of the PPACA, which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The court granted certiorari to rule on health care reform law [JURIST report] in three separate cases last November, reserving five-and-half-hours for oral argument on the issue.

The criminal court has continuously sentenced parties responsible for the 1995 massacre and even those who left the country are being brought back to face charges. In May, US resident Dejan Radojkovic was deported [JURIST report] to BiH to stand trial before the country's court for his actions as a police commander in Srebrenica during the 1995 massacre. He was arrested in 2009 after it was revealed that he did not disclose his involvement in the conflict and his appeal was rejected in February. He was the second to be deported after his commanding officer, Nedjo Ikonic, was deported in 2010 [JURIST report]. A day earlier, the war crimes court convicted [JURIST report] Dusko Jevic and Mendeljev Djuric for taking part in the killing of 1,000 Muslim men during the massacre after it found that the two former Bosnian Serb police officers were guilty of aiding and abetting genocide. They had been indicted on genocide charges in January 2010 after being arrested [JURIST reports] in October 2009. In January the court also upheld the conviction [JURIST reports] and 31-year sentence of Radomir Vukovic for his part in the 1995 massacre.

Authorities in the past year have come close to ending the investigation and prosecution of suspects in the 1995 gas attacks. In January, police arrested Makoto Hirata [BBC report], another Aum Shinrikyo member connected to the attacks. To date, 200 members of the cult have been convicted of crimes relating to gas attacks, with 13 facing the death penalty. Among those sentenced to death are prominent member Seiicho Endo [JURIST report] and cult leader Shoko Asahara [BBC profile; JURIST report].

Sexual violence in detention is one of many horrific weapons in the Syrian government's torture arsenal and Syrian security forces regularly use it to humiliate and degrade detainees with complete impunity. The assaults are not limited to detention facilities—government forces and pro-government shabiha militia members have also sexually assaulted women and girls during home raids and residential sweeps.

The alleged human rights abuses perpetrated by Syrian forces and pro-government militias have drawn international scorn. On Thursday, Amnesty International [advocacy website] accused [JURIST report] Syrian armed forces of deliberately killing civilians. Earlier this month, UN Assistant Secretary-General for Human Rights Ivan Simonovic voiced concern [JURIST report] that the violence in Syria amounts to crimes against humanity. He addressed the General Assembly on behalf of UN High Commissioner for Human Rights Navi Pillay [official website] to urge the international community to convince both the Syrian government and the armed forces to cease their violence and ongoing human rights violations. Syria has been attacked for its human rights violations especially in the wake of last month's Houla incident that killed more than 100 people, including women and children. Earlier this month, the UN Human Rights Council [official website] approved [JURIST report] in a 41-3 vote a resolution blaming "pro-regime elements" and government troops for the massacre in Houla. On the same day, the Syrian government released [JURIST report] more than 500 prisoners detained during pro-democracy demonstrations. The release of "arbitrarily detained persons" was a key point in the six-point plan which was supposed to begin on April 12 but has not yet been successfully executed despite a resolution approved [JURIST report] by the UN Security Council to send 300 unarmed soldiers and other civilian aid for 90 days to supervise the implementation of the plan.

For over five years in Gaza, more than 1.6 million people have been under blockade in violation of international law. More than half of these people are children. We the undersigned say with one voice: "end the blockade now."

Israel's policy in the Gaza Strip has been a subject of controversy. Human Rights Watch (HRW) in February urged Israel [JURIST report] to change its policies that forbid Palestinians from traveling through and living in Gaza and the West Bank. The report describes the policy that causes separation within Palestinian families since some are trapped inside Israel while their family members are forbidden from entering. Israel was also criticized by HRW for never disclosing its rationale for imposing the restrictions on travel and residency. In January, the Israeli Knesset passed a bill [JURIST report] that imposes harsher penalties on illegal migrants in Israel, as well as on Israelis who help illegal migrants. The bill amends the Prevention of Infiltration Law of 1954, broadening the law to include not only individuals suspected of terrorism, but all illegal migrants. Last October, UN Special Rapporteur on human rights for the West Bank and Gaza Strip Richard Falk called for better guidelines on the treatment of Palestinian youth [JURIST report] arrested by the Israeli military

Bensouda has been Deputy Prosecutor of the ICC since 2004 and was long considered the favorite to succeed Ocampo, as many of the ICC's cases currently focus on Africa. Additionally, Bensouda has the backing of the African Union [official website], the support of which has been critical to the ICC. She was officially chosen [JURIST report] in December of last year to succeed Ocampo. Liechtenstein's UN Ambassador Christian Wenaweser, outgoing president of the ASP had announced [JURIST report] in November that he will recommend Bensouda as the sole candidate. She was one of the four candidates in the short list contained in the consensus report [text, PDF] the Search Committee for the position of the Prosecutor of the ICC [official website] submitted in October.

Illinois was the seventh US jurisdiction to legalize same-sex civil unions, but it has not yet joined the nine jurisdictions that have legalized same-sex marriage. In February, three Illinois legislators introduced [AP report] the Religious Freedom and Marriage Fairness Act [HB 5170 materials], which would have provided same-sex marriage rights for same-sex couples, but it has not been approved. In March, Maryland legalized same-sex marriage, joining Washington, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. On the other hand, North Carolina voters approved [JURIST report] earlier this month a constitutional amendment [Amendment 1, PDF] to ban same-sex marriage. In February, the Wyoming Senate approved [JURIST report] a bill that would deny recognition of same-sex marriages and civil unions performed in other jurisdictions. New Jersey is still struggling to pass the same-sex marriage bill because Governor Chris Christie conditionally vetoed the bill [JURIST report] and called for a voter referendum to decide the issue, rather than the state legislature.